American Convention on Human Rights

Preamble

The American states signatory to the present Convention,

REAFFIRMING their intention to consolidate in this hemisphere, within the
framework of democratic institutions, a system of personal liberty and social
justice based on respect for the essential rights of man;

RECOGNIZING that the essential rights of man are not derived from one's being a
national of a certain state, but are based upon attributes of the human
personality, and that they therefore justify international protection in the
form of a convention reinforcing or complementing the protection provided by the
domestic law of the American states;
CONSIDERING that these principles have been set forth in the Charter of the
Organization of American States, in the American Declaration of the Rights and
Duties of Man, and in the Universal Declaration of Human Rights, and that they
have been reaffirmed and refined in other international instruments, worldwide
as well as regional in scope;
REITERATING that, in accordance with the Universal Declaration of Human Rights,
the ideal of free men enjoying freedom from fear and want can be achieved only
if conditions are created whereby everyone may enjoy his economic, social, and
cultural rights, as well as his civil and political rights; and
CONSIDERING that the Third Special Inter‑American Conference (Buenos Aires,
1967) approved the incorporation into the Charter of the Organization itself of
broader standards with respect to economic, social, and educational rights and
resolved that an inter‑American convention on human rights should determine the
structure, competence, and procedure of the organs responsible for these matters,
Have agreed upon the following:
PART I ‑ STATE OBLIGATIONS AND RIGHTS PROTECTEDCHAPTER I ‑ GENERAL OBLIGATIONSArticle 1. Obligation to Respect Rights
1. The States Parties to this Convention
undertake to respect the rights and freedoms recognized herein and to ensure to
all persons subject to their jurisdiction the free and full exercise of those
rights and freedoms, without any discrimination for reasons of race, color, sex,
language, religion, political or other opinion, national or social origin,
economic status, birth, or any other social condition.
2. For the purposes of this Convention, "person"
means every human being.
Article 2. Domestic Legal Effects
Where the exercise of any of the rights or freedoms referred to in Article 1 is
not already ensured by legislative or other provisions, the States Parties
undertake to adopt, in accordance with their constitutional processes and the
provisions of this Convention, such legislative or other measures as may be
necessary to give effect to those rights or freedoms.
CHAPTER II ‑ CIVIL AND POLITICAL RIGHTSArticle 3. Right to Juridical Personality
Every person has the right to recognition as a person before the law.
Article 4. Right to Life
1. Every person has the right to have his
life respected. This right shall be protected by law and, in general, from
the moment of conception. No one shall be arbitrarily deprived of his
life.
2. In countries that have not abolished the
death penalty, it may be imposed only for the most serious crimes and pursuant
to a final judgment rendered by a competent court and in accordance with a law
establishing such punishment, enacted prior to the commission of the crime.
The application of such punishment shall not be extended to crimes to which it
does not presently apply.
3. The death penalty shall not be
reestablished in states that have abolished it.
4. In no case shall capital punishment be
inflicted for political offenses or related common crimes.
5. Capital punishment shall not be imposed
upon persons who, at the time the crime was committed, were under 18 years of
age or over 70 years of age; nor shall it be applied to pregnant women.
6. Every person condemned to death shall
have the right to apply for amnesty, pardon, or commutation of sentence, which
may be granted in all cases. Capital punishment shall not be imposed while
such a petition is pending decision by the competent authority.
Article 5. Right to Humane Treatment
1. Every person has the right to have his
physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or
to cruel, inhuman, or degrading punishment or treatment. All persons
deprived of their liberty shall be treated with respect for the inherent dignity
of the human person.
3. Punishment shall not be extended to any
person other than the criminal.
4. Accused persons shall, save in
exceptional circumstances, be segregated from convicted persons, and shall be
subject to separate treatment appropriate to their status as unconvicted
persons.
5. Minors while subject to criminal
proceedings shall be separated from adults and brought before specialized
tribunals, as speedily as possible, so that they may be treated in accordance
with their status as minors.
6. Punishments consisting of deprivation of
liberty shall have as an essential aim the reform and social readaptation of the
prisoners.
Article 6. Freedom from Slavery
1. No one shall be subject to slavery or to
involuntary servitude, which are prohibited in all their forms, as are the slave
trade and traffic in women.
2. No one shall be required to perform
forced or compulsory labor. This provision shall not be interpreted to
mean that, in those countries in which the penalty established for certain
crimes is deprivation of liberty at forced labor, the carrying out of such a
sentence imposed by a competent court is prohibited. Forced labor shall
not adversely affect the dignity or the physical or intellectual capacity of the
prisoner.
3. For the purposes of this article, the
following do not constitute forced or compulsory labor:
a. work or service normally required of a
person imprisoned in execution of a sentence or formal decision passed by the
competent judicial authority. Such work or service shall be carried out
under the supervision and control of public authorities, and any persons
performing such work or service shall not be placed at the disposal of any
private party, company, or juridical person;
b. military service and, in countries in
which conscientious objectors are recognized, national service that the law may
provide for in lieu of military service;
c. service exacted in time of danger or
calamity that threatens the existence or the well‑being of the community; or
d. work or service that forms part of normal
civic obligations.
Article 7. Right to Personal Liberty
1. Every person has the right to personal
liberty and security.
2. No one shall be deprived of his physical
liberty except for the reasons and under the conditions established beforehand
by the constitution of the State Party concerned or by a law established
pursuant thereto.
3. No one shall be subject to arbitrary
arrest or imprisonment.
4. Anyone who is detained shall be informed
of the reasons for his detention and shall be promptly notified of the charge or
charges against him.
5. Any person detained shall be brought
promptly before a judge or other officer authorized by law to exercise judicial
power and shall be entitled to trial within a reasonable time or to be released
without prejudice to the continuation of the proceedings. His release may
be subject to guarantees to assure his appearance for trial.
6. Anyone who is deprived of his liberty
shall be entitled to recourse to a competent court, in order that the court may
decide without delay on the lawfulness of his arrest or detention and order his
release if the arrest or detention is unlawful. In States Parties whose
laws provide that anyone who believes himself to be threatened with deprivation
of his liberty is entitled to recourse to a competent court in order that it may
decide on the lawfulness of such threat, this remedy may not be restricted or
abolished. The interested party or another person in his behalf is
entitled to seek these remedies.
7. No one shall be detained for debt.
This principle shall not limit the orders of a competent judicial authority
issued for nonfulfillment of duties of support.
Article 8. Right to a Fair Trial
1. Every person has the right to a hearing,
with due guarantees and within a reasonable time, by a competent, independent,
and impartial tribunal, previously established by law, in the substantiation of
any accusation of a criminal nature made against him or for the determination of
his rights and obligations of a civil, labor, fiscal, or any other nature.
2. Every person accused of a criminal
offense has the right to be presumed innocent so long as his guilt has not been
proven according to law. During the proceedings, every person is entitled,
with full equality, to the following minimum guarantees:
a. the right of the accused to be assisted
without charge by a translator or interpreter, if he does not understand or does
not speak the language of the tribunal or court;
b. prior notification in detail to the
accused of the charges against him;
c. adequate time and means for the
preparation of his defense;
d. the right of the accused to defend
himself personally or to be assisted by legal counsel of his own choosing, and
to communicate freely and privately with his counsel;
e. the inalienable right to be assisted by
counsel provided by the state, paid or not as the domestic law provides, if the
accused does not defend himself personally or engage his own counsel within the
time period established by law;
f. the right of the defense to examine
witnesses present in the court and to obtain the appearance, as witnesses, of
experts or other persons who may throw light on the facts;
g. the right not to be compelled to be a
witness against himself or to plead guilty; and
h. the right to appeal the judgment to a
higher court.
3. A confession of guilt by the accused
shall be valid only if it is made without coercion of any kind.
4. An accused person acquitted by a
nonappealable judgment shall not be subjected to a new trial for the same cause.
5. Criminal proceedings shall be public,
except insofar as may be necessary to protect the interests of justice.
Article 9. Freedom from Ex Post Facto Laws
No one shall be convicted of any act or omission that did not constitute a
criminal offense, under the applicable law, at the time it was committed.
A heavier penalty shall not be imposed than the one that was applicable at the
time the criminal offense was committed. If subsequent to the commission
of the offense the law provides for the imposition of a lighter punishment, the
guilty person shall benefit therefrom.
Article 10. Right to Compensation
Every person has the right to be compensated in accordance with the law in the
event he has been sentenced by a final judgment through a miscarriage of justice.
Article 11. Right to Privacy
1. Everyone has the right to have his honor
respected and his dignity recognized.
2. No one may be the object of arbitrary or
abusive interference with his private life, his family, his home, or his
correspondence, or of unlawful attacks on his honor or reputation.
3. Everyone has the right to the protection
of the law against such interference or attacks.
Article 12. Freedom of Conscience and Religion
1. Everyone has the right to freedom of
conscience and of religion. This right includes freedom to maintain or to
change one's religion or beliefs, and freedom to profess or disseminate one's
religion or beliefs, either individually or together with others, in public or
in private.
2. No one shall be subject to restrictions
that might impair his freedom to maintain or to change his religion or beliefs.
3. Freedom to manifest one's religion and
beliefs may be subject only to the limitations prescribed by law that are
necessary to protect public safety, order, health, or morals, or the rights or
freedoms of others.
4. Parents or guardians, as the case may be,
have the right to provide for the religious and moral education of their
children or wards that is in accord with their own convictions.
Article 13. Freedom of Thought and Expression
1. Everyone has the right to freedom of
thought and expression. This right includes freedom to seek, receive, and
impart information and ideas of all kinds, regardless of frontiers, either
orally, in writing, in print, in the form of art, or through any other medium of
one's choice.
2. The exercise of the right provided for in
the foregoing paragraph shall not be subject to prior censorship but shall be
subject to subsequent imposition of liability, which shall be expressly
established by law to the extent necessary to ensure:
a. respect for the rights or reputations of
others; or
b. the protection of national security,
public order, or public health or morals.
3. The right of expression may not be
restricted by indirect methods or means, such as the abuse of government or
private controls over newsprint, radio broadcasting frequencies, or equipment
used in the dissemination of information, or by any other means tending to
impede the communication and circulation of ideas and opinions.
4. Notwithstanding the provisions of
paragraph 2 above, public entertainments may be subject by law to prior
censorship for the sole purpose of regulating access to them for the moral
protection of childhood and adolescence.
5. Any propaganda for war and any advocacy
of national, racial, or religious hatred that constitute incitements to lawless
violence or to any other similar action against any person or group of persons
on any grounds including those of race, color, religion, language, or national
origin shall be considered as offenses punishable by law.
Article 14. Right of Reply
1. Anyone injured by inaccurate or offensive
statements or ideas disseminated to the public in general by a legally regulated
medium of communication has the right to reply or to make a correction using the
same communications outlet, under such conditions as the law may establish.
2. The correction or reply shall not in any
case remit other legal liabilities that may have been incurred.
3. For the effective protection of honor and
reputation, every publisher, and every newspaper, motion picture, radio, and
television company, shall have a person responsible who is not protected by
immunities or special privileges.
Article 15. Right of Assembly
The right of peaceful assembly, without arms, is recognized. No
restrictions may be placed on the exercise of this right other than those
imposed in conformity with the law and necessary in a democratic society in the
interest of national security, public safety or public order, or to protect
public health or morals or the rights or freedom of others.
Article 16. Freedom of Association
1. Everyone has the right to associate
freely for ideological, religious, political, economic, labor, social, cultural,
sports, or other purposes.
2. The exercise of this right shall be
subject only to such restrictions established by law as may be necessary in a
democratic society, in the interest of national security, public safety or
public order, or to protect public health or morals or the rights and freedoms
of others.
3. The provisions of this article do not bar
the imposition of legal restrictions, including even deprivation of the exercise
of the right of association, on members of the armed forces and the police.
Article 17. Rights of the Family
1. The family is the natural and fundamental
group unit of society and is entitled to protection by society and the state.
2. The right of men and women of
marriageable age to marry and to raise a family shall be recognized, if they
meet the conditions required by domestic laws, insofar as such conditions do not
affect the principle of nondiscrimination established in this Convention.
3. No marriage shall be entered into without
the free and full consent of the intending spouses.
4. The States Parties shall take appropriate
steps to ensure the equality of rights and the adequate balancing of
responsibilities of the spouses as to marriage, during marriage, and in the
event of its dissolution. In case of dissolution, provision shall be made
for the necessary protection of any children solely on the basis of their own
best interests.
5. The law shall recognize equal rights for
children born out of wedlock and those born in wedlock.
Article 18. Right to a Name
Every person has the right to a given name and to the surnames of his parents or
that of one of them. The law shall regulate the manner in which this right
shall be ensured for all, by the use of assumed names if necessary.
Article 19. Rights of the Child
Every minor child has the right to the measures of protection required by his
condition as a minor on the part of his family, society, and the state.
Article 20. Right to Nationality
1. Every person has the right to a
nationality.
2. Every person has the right to the
nationality of the state in whose territory he was born if he does not have the
right to any other nationality.
3. No one shall be arbitrarily deprived of
his nationality or of the right to change it.
Article 21. Right to Property
1. Everyone has the right to the use and
enjoyment of his property. The law may subordinate such use and enjoyment
to the interest of society.
2. No one shall be deprived of his property
except upon payment of just compensation, for reasons of public utility or
social interest, and in the cases and according to the forms established by law.
3. Usury and any other form of exploitation
of man by man shall be prohibited by law.
Article 22. Freedom of Movement and Residence
1. Every person lawfully in the territory of
a State Party has the right to move about in it, and to reside in it subject to
the provisions of the law.
2. Every person has the right lo leave any
country freely, including his own.
3. The exercise of the foregoing rights may
be restricted only pursuant to a law to the extent necessary in a democratic
society to prevent crime or to protect national security, public safety, public
order, public morals, public health, or the rights or freedoms of others.
4. The exercise of the rights recognized in
paragraph 1 may also be restricted by law in designated zones for reasons of
public interest.
5. No one can be expelled from the territory
of the state of which he is a national or be deprived of the right to enter it.
6. An alien lawfully in the territory of a
State Party to this Convention may be expelled from it only pursuant to a
decision reached in accordance with law.
7. Every person has the right to seek and be
granted asylum in a foreign territory, in accordance with the legislation of the
state and international conventions, in the event he is being pursued for
political offenses or related common crimes.
8. In no case may an alien be deported or
returned to a country, regardless of whether or not it is his country of origin,
if in that country his right to life or personal freedom is in danger of being
violated because of his race, nationality, religion, social status, or political
opinions.
9. The collective expulsion of aliens is
prohibited.
Article 23. Right to Participate in Government
1. Every citizen shall enjoy the following
rights and opportunities:
a. to take part in the conduct of public
affairs, directly or through freely chosen representatives;
b. to vote and to be elected in genuine
periodic elections, which shall be by universal and equal suffrage and by secret
ballot that guarantees the free expression of the will of the voters; and
c. to have access, under general conditions
of equality, to the public service of his country.
2. The law may regulate the exercise of the
rights and opportunities referred to in the preceding paragraph only on the
basis of age, nationality, residence, language, education, civil and mental
capacity, or sentencing by a competent court in criminal proceedings.
Article 24. Right to Equal Protection
All persons are equal before the law. Consequently, they are entitled,
without discrimination, to equal protection of the law.
Article 25. Right to Judicial Protection
1. Everyone has the right to simple and
prompt recourse, or any other effective recourse, to a competent court or
tribunal for protection against acts that violate his fundamental rights
recognized by the constitution or laws of the state concerned or by this
Convention, even though such violation may have been committed by persons acting
in the course of their official duties.
2. The States Parties undertake:
a. to ensure that any person claiming such
remedy shall have his rights determined by the competent authority provided for
by the legal system of the state;
b. to develop the possibilities of judicial
remedy; and
to ensure that the competent authorities shall enforce such remedies when
granted.
CHAPTER III ‑ ECONOMIC, SOCIAL,
AND CULTURAL RIGHTSArticle 26. Progressive Development
The States Parties undertake to adopt measures, both internally and through
international cooperation, especially those of an economic and technical nature,
with a view to achieving progressively, by legislation or other appropriate
means, the full realization of the rights implicit in the economic, social,
educational, scientific, and cultural standards set forth in the Charter of the
Organization of American States as amended by the Protocol of Buenos Aires.
CHAPTER IV ‑ SUSPENSION OF GUARANTEES, INTERPRETATION, AND
APPLICATIONArticle 27. Suspension of Guarantees
1. In time of war, public danger, or other
emergency that threatens the independence or security of a State Party, it may
take measures derogating from its obligations under the present Convention to
the extent and for the period of time strictly required by the exigencies of the
situation, provided that such measures are not inconsistent with its other
obligations under international law and do not involve discrimination on the
ground of race, color, sex, language, religion, or social origin.
2. The foregoing provision does not
authorize any suspension of the following articles: Article 3 (Right to
Juridical Personality), Article 4 (Right to Life), Article 5 (Right to Humane
Treatment), Article 6 (Freedom from Slavery), Article 9 (Freedom from Ex Post
Facto Laws), Article 12 (Freedom of Conscience and Religion), Article 17 (Rights
of the Family), Article 18 (Right to a Name), Article 19 (Rights of the Child),
Article 20 (Right to Nationality), and Article 23 (Right to Participate in
Government), or of the judicial guarantees essential for the protection of such
rights.
3. Any State Party availing itself of the
right of suspension shall immediately inform the other States Parties, through
the Secretary General of the Organization of American States, of the provisions
the application of which it has suspended, the reasons that gave rise to the
suspension, and the date set for the termination of such suspension.
Article 28. Federal Clause
1. Where a State Party is constituted as a
federal state, the national government of such State Party shall implement all
the provisions of the Convention over whose subject matter it exercises
legislative and judicial jurisdiction.
2. With respect to the provisions over whose
subject matter the constituent units of the federal state have jurisdiction, the
national government shall immediately take suitable measures, in accordance with
its constitution and its laws, to the end that the competent authorities of the
constituent units may adopt appropriate provisions for the fulfillment of this
Convention.
3. Whenever two or more States Parties agree
to form a federation or other type of association, they shall take care that the
resulting federal or other compact contains the provisions necessary for
continuing and rendering effective the standards of this Convention in the new
state that is organized.
Article 29. Restrictions Regarding Interpretation
No provision of this Convention shall be interpreted as:
a. permitting any State Party, group, or
person to suppress the enjoyment or exercise of the rights and freedoms
recognized in this Convention or to restrict them to a greater extent than is
provided for herein;
b. restricting the enjoyment or exercise of
any right or freedom recognized by virtue of the laws of any State Party or by
virtue of another convention to which one of the said states is a party;
c. precluding other rights or guarantees
that are inherent in the human personality or derived from representative
democracy as a form of government; or
d. excluding or limiting the effect that the
American Declaration of the Rights and Duties of Man and other international
acts of the same nature may have.
Article 30. Scope of Restrictions
The restrictions that, pursuant to this Convention, may be placed on the
enjoyment or exercise of the rights or freedoms recognized herein may not be
applied except in accordance with laws enacted for reasons of general interest
and in accordance with the purpose for which such restrictions have been
established.
Article 31. Recognition of Other Rights
Other rights and freedoms recognized in accordance with the procedures
established in Articles 76 and 77 may be included in the system of protection of
this Convention.
CHAPTER V ‑ PERSONAL RESPONSIBILITIES
1. Every person has responsibilities to his
family, his community, and mankind.
2. The rights of each person are limited by
the rights of others, by the security of all, and by the just demands of the
general welfare, in a democratic society.
PART II ‑ MEANS OF PROTECTIONCHAPTER VI ‑ COMPETENT ORGANSArticle 33
The following organs shall have competence with respect to matters relating to
the fulfillment of the commitments made by the States Parties to this Convention:
a. the Inter‑American Commission on Human
Rights, referred to as "The Commission;" and
b. the Inter‑American Court of Human Rights,
referred to as "The Court."

CHAPTER VII ‑ INTER‑AMERICAN COMMISSION
ON HUMAN RIGHTS

Section 1. Organization
Article 34
The Inter‑American Commission on Human Rights shall be composed of seven members,
who shall be persons of high moral character and recognized competence in the
field of human rights.
Article 35
The Commission shall represent all the member countries of the Organization of
American States.
Article 36
1. The members of the Commission shall be
elected in a personal capacity by the General Assembly of the Organization from
a list of candidates proposed by the governments of the member states.
2. Each of those governments may propose up
to three candidates, who may be nationals of the states proposing them or of any
other member state of the Organization of American States. When a slate of
three is proposed, at least one of the candidates shall be a national of a state
other than the one proposing the slate.
Article 37
1. The members of the Commission shall be
elected for a term of four years and may be reelected only once, but the terms
of three of the members chosen in the first election shall expire at the end of
two years. Immediately following that election the General Assembly shall
determine the names of those three members by lot.
2. No two nationals of the same state may be
members of the Commission.
Article 38
Vacancies that may occur on the Commission for reasons other than the normal
expiration of a term shall be filled by the Permanent Council of the
Organization in accordance with the provisions of the Statute of the Commission.
Article 39
The Commission shall prepare its Statute, which it shall submit to the General
Assembly for approval. It shall establish its own Regulations.
Article 40
Secretariat services for the Commission shall be furnished by the appropriate
specialized unit of the General Secretariat of the Organization. This unit
shall be provided with the resources required to accomplish the tasks assigned
to it by the Commission.
Section 2. Functions
Article 41
The main function of the Commission shall be to promote respect for and defense
of human rights. In the exercise of its mandate, it shall have the
following functions and powers:
a. to develop an awareness of human rights
among the peoples of America;
b. to make recommendations to the
governments of the member states, when it considers such action advisable, for
the adoption of progressive measures in favor of human rights within the
framework of their domestic law and constitutional provisions as well as
appropriate measures to further the observance of those rights;
c. to prepare such studies or reports as it
considers advisable in the performance of its duties;
d. to request the governments of the member
states to supply it with information on the measures adopted by them in matters
of human rights;
e. to respond, through the General
Secretariat of the Organization of American States, to inquiries made by the
member states on matters related to human rights and, within the limits of its
possibilities, to provide those states with the advisory services they request;
f. to take action on petitions and other
communications pursuant to its authority under the provisions of Articles 44
through 51 of this Convention; and
g. to submit an annual report to the General
Assembly of the Organization of American States.
Article 42
The States Parties shall transmit to the Commission a copy of each of the
reports and studies that they submit annually to the Executive Committees of the
Inter‑American Economic and Social Council and the Inter‑American Council for
Education, Science, and Culture, in their respective fields, so that the
Commission may watch over the promotion of the rights implicit in the economic,
social, educational, scientific, and cultural standards set forth in the Charter
of the Organization of American States as amended by the Protocol of Buenos
Aires.
Article 43
The States Parties undertake to provide the Commission with such information as
it may request of them as to the manner in which their domestic law ensures the
effective application of any provisions of this Convention.
Section 3. Competence
Article 44
Any person or group of persons, or any nongovernmental entity legally recognized
in one or more member states of the Organization, may lodge petitions with the
Commission containing denunciations or complaints of violation of this
Convention by a State Party.
Article 45
1. Any State Party may, when it deposits its
instrument of ratification of or adherence to this Convention, or at any later
time, declare that it recognizes the competence of the Commission to receive and
examine communications in which a State Party alleges that another State Party
has committed a violation of a human right set forth in this Convention.
2. Communications presented by virtue of
this article may be admitted and examined only if they are presented by a State
Party that has made a declaration recognizing the aforementioned competence of
the Commission. The Commission shall not admit any communication against a
State Party that has not made such a declaration.
3. A declaration concerning recognition of
competence may be made to be valid for an indefinite time, for a specified
period, or for a specific case.
4. Declarations shall be deposited with the
General Secretariat of the Organization of American States, which shall transmit
copies thereof to the member states of that Organization.
Article 46
1. Admission by the Commission of a petition
or communication lodged in accordance with Articles 44 or 45 shall be subject to
the following requirements:
a. that the remedies under domestic law have
been pursued and exhausted in accordance with generally recognized principles of
international law;
b. that the petition or communication is
lodged within a period of six months from the date on which the party alleging
violation of his rights was notified of the final judgment;
c. that the subject of the petition or
communication is not pending in another international proceeding for settlement;
and
d. that, in the case of Article 44, the
petition contains the name, nationality, profession, domicile, and signature of
the person or persons or of the legal representative of the entity lodging the
petition.
2. The provisions of paragraphs 1.a and 1.b
of this article shall not be applicable when:
a. the domestic legislation of the state
concerned does not afford due process of law for the protection of the right or
rights that have allegedly been violated;
b. the party alleging violation of his
rights has been denied access to the remedies under domestic law or has been
prevented from exhausting them; or
c. there has been unwarranted delay in
rendering a final judgment under the aforementioned remedies.
Article 47
The Commission shall consider inadmissible any petition or communication
submitted under Articles 44 or 45 if:
a. any of the requirements indicated in
Article 46 has not been met;
b. the petition or communication does not
state facts that tend to establish a violation of the rights guaranteed by this
Convention;
c. the statements of the petitioner or of
the state indicate that the petition or communication is manifestly groundless
or obviously out of order; or
d. the petition or communication is
substantially the same as one previously studied by the Commission or by another
international organization.
Section 4. Procedure
Article 48
1. When the Commission receives a petition
or communication alleging violation of any of the rights protected by this
Convention, it shall proceed as follows:
a. If it considers the petition or
communication admissible, it shall request information from the government of
the state indicated as being responsible for the alleged violations and shall
furnish that government a transcript of the pertinent portions of the petition
or communication. This information shall be submitted within a reasonable
period to be determined by the Commission in accordance with the circumstances
of each case.
b. After the information has been received,
or after the period established has elapsed and the information has not been
received, the Commission shall ascertain whether the grounds for the petition or
communication still exist. If they do not, the Commission shall order the
record to be closed.
c. The Commission may also declare the
petition or communication inadmissible or out of order on the basis of
information or evidence subsequently received.
d. If the record has not been closed, the
Commission shall, with the knowledge of the parties, examine the matter set
forth in the petition or communication in order to verify the facts. If
necessary and advisable, the Commission shall carry out an investigation, for
the effective conduct of which it shall request, and the states concerned shall
furnish to it, all necessary facilities.
e. The Commission may request the states
concerned to furnish any pertinent information and, if so requested, shall hear
oral statements or receive written statements from the parties concerned.
f. The Commission shall place itself at the
disposal of the parties concerned with a view to reaching a friendly settlement
of the matter on the basis of respect for the human rights recognized in this
Convention.
2. However, in serious and urgent cases,
only the presentation of a petition or communication that fulfills all the
formal requirements of admissibility shall be necessary in order for the
Commission to conduct an investigation with the prior consent of the state in
whose territory a violation has allegedly been committed.
Article 49
If a friendly settlement has been reached in accordance with paragraph 1.f of
Article 48, the Commission shall draw up a report, which shall be transmitted to
the petitioner and to the States Parties to this Convention, and shall then be
communicated to the Secretary General of the Organization of American States for
publication. This report shall contain a brief statement of the facts and
of the solution reached. If any party in the case so requests, the fullest
possible information shall be
provided to it.
Article 50
1. If a settlement is not reached, the
Commission shall, within the time limit established by its Statute, draw up a
report setting forth the facts and stating its conclusions. If the report,
in whole or in part, does not represent the unanimous agreement of the members
of the Commission, any member may attach to it a separate opinion. The
written and oral statements made by the parties in accordance with paragraph 1.e
of Article 48 shall also be attached to the report.
2. The report shall be transmitted to the
states concerned, which shall not be at liberty to publish it.
3. In transmitting the report, the
Commission may make such proposals and recommendations as it sees fit.
Article 51
1. If, within a period of three months from
the date of the transmittal of the report of the Commission to the states
concerned, the matter has not either been settled or submitted by the Commission
or by the state concerned to the Court and its jurisdiction accepted, the
Commission may, by the vote of an absolute majority of its members, set forth
its opinion and conclusions concerning the question submitted for its
consideration.
2. Where appropriate, the Commission shall
make pertinent recommendations and shall prescribe a period within which the
state is to take the measures that are incumbent upon it to remedy the situation
examined.
3. When the prescribed period has expired,
the Commission shall decide by the vote of an absolute majority of its members
whether the state has taken adequate measures and whether to publish its report.
CHAPTER VIII ‑ INTER‑AMERICAN COURT
OF HUMAN RIGHTS
Section 1. Organization
Article 52
1. The Court shall consist of seven judges,
nationals of the member states of the Organization, elected in an individual
capacity from among jurists of the highest moral authority and of recognized
competence in the field of human rights, who possess the qualifications required
for the exercise of the highest judicial functions in conformity with the law of
the state of which they are nationals or of the state that proposes them as
candidates.
2. No two judges may be nationals of the
same state.
Article 53
1. The judges of the Court shall be elected
by secret ballot by an absolute majority vote of the States Parties to the
Convention, in the General Assembly of the Organization, from a panel of
candidates proposed by those states.
2. Each of the States Parties may propose up
to three candidates, nationals of the state that proposes them or of any other
member state of the Organization of American States. When a slate of three
is proposed, at least one of the candidates shall be a national of a state other
than the one proposing the slate.
Article 54
1. The judges of the Court shall be elected
for a term of six years and may be reelected only once. The term of three
of the judges chosen in the first election shall expire at the end of three
years. Immediately after the election, the names of the three judges shall
be determined by lot in the General Assembly.
2. A judge elected to replace a judge whose
term has not expired shall complete the term of the latter.
3. The judges shall continue in office until
the expiration of their term. However, they shall continue to serve with
regard to cases that they have begun to hear and that are still pending, for
which purposes they shall not be replaced by the newly elected judges.
Article 55
1. If a judge is a national of any of the
States Parties to a case submitted to the Court, he shall retain his right to
hear that case.
2. If one of the judges called upon to hear
a case should be a national of one of the States Parties to the case, any other
State Party in the case may appoint a person of its choice to serve on the Court
as an ad hoc judge.
3. If among the judges called upon to hear a
case none is a national of any of the States Parties to the case, each of the
latter may appoint an ad hoc judge.
4. An ad hoc judge shall possess the
qualifications indicated in Article 52.
5. If several States Parties to the
Convention should have the same interest in a case, they shall be considered as
a single party for purposes of the above provisions. In case of doubt, the
Court shall decide.
Article 56
Five judges shall constitute a quorum for the transaction of business by the
Court.
Article 57
The Commission shall appear in all cases before the Court.
Article 58
1. The Court shall have its seat at the
place determined by the States Parties to the Convention in the General Assembly
of the Organization; however, it may convene in the territory of any member
state of the Organization of American States when a majority of the Court
considers it desirable, and with the prior consent of the state concerned.
The seat of the Court may be changed by the States Parties to the Convention in
the General Assembly by a two‑thirds vote.
2. The Court shall appoint its own
Secretary.
3. The Secretary shall have his office at
the place where the Court has its seat and shall attend the meetings that the
Court may hold away from its seat.
Article 59
The Court shall establish its Secretariat, which shall function under the
direction of the Secretary of the Court, in accordance with the administrative
standards of the General Secretariat of the Organization in all respects not
incompatible with the independence of the Court. The staff of the Court's
Secretariat shall be appointed by the Secretary General of the Organization, in
consultation with the Secretary of the Court.
Article 60
The Court shall draw up its Statute which it shall submit to the General
Assembly for approval. It shall adopt its own Rules of Procedure.
Section 2. Jurisdiction and Functions
Article 61
1. Only the States Parties and the
Commission shall have the right to submit a case to the Court.
2. In order for the Court to hear a case, it
is necessary that the procedures set forth in Articles 48 and 50 shall have been
completed.
Article 62
1. A State Party may, upon depositing its
instrument of ratification or adherence to this Convention, or at any subsequent
time, declare that it recognizes as binding, ipso facto, and not requiring
special agreement, the jurisdiction of the Court on all matters relating to the
interpretation or application of this Convention.
2. Such declaration may be made
unconditionally, on the condition of reciprocity, for a specified period,
or for specific cases. It shall be presented to the Secretary General of
the Organization, who shall transmit copies thereof to the other member states
of the Organization and to the Secretary of the Court.
3. The jurisdiction of the Court shall
comprise all cases concerning the interpretation and application of the
provisions of this Convention that are submitted to it, provided that the States
Parties to the case recognize or have recognized such jurisdiction, whether by
special declaration pursuant to the preceding paragraphs, or by a special
agreement.
Article 63
1. If the Court finds that there has been a
violation of a right or freedom protected by this Convention, the Court shall
rule that the injured party be ensured the enjoyment of his right or freedom
that was violated. It shall also rule, if appropriate, that the
consequences of the measure or situation that constituted the breach of such
right or freedom be remedied and that fair compensation be paid to the injured
party.
2. In cases of extreme gravity and urgency,
and when necessary to avoid irreparable damage to persons, the Court shall adopt
such provisional measures as it deems pertinent in matters it has under
consideration. With respect to a case not yet submitted to the Court, it
may act at the request of the Commission.
Article 64
1. The member states of the Organization may
consult the Court regarding the interpretation of this Convention or of other
treaties concerning the protection of human rights in the American states.
Within their spheres of competence, the organs listed in Chapter X of the
Charter of the Organization of American States, as amended by the Protocol of
Buenos Aires*,
may in like manner consult the Court.

2.
The Court, at the request of a member state of the Organization, may provide
that state with opinions regarding the compatibility of any of its domestic laws
with the aforesaid international instruments.

Article 65
To each regular session of the General Assembly of the Organization of American
States the Court shall submit, for the Assembly's consideration, a report on its
work during the previous year. It shall specify, in particular, the cases
in which a state has not complied with its judgments, making any pertinent
recommendations.
Section 3. Procedure
Article 66
1. Reasons shall be given for the judgment
of the Court.
2. If the judgment does not represent in
whole or in part the unanimous opinion of the judges, any judge shall be
entitled to have his dissenting or separate opinion attached to the judgment.
Article 67
The judgment of the Court shall be final and not subject to appeal. In
case of disagreement as to the meaning or scope of the judgment, the Court shall
interpret it at the request of any of the parties, provided the request is made
within ninety days from the date of notification of the judgment.
Article 68
1. The States Parties to the Convention
undertake to comply with the judgment of the Court in any case to which they are
parties.
2. That part of a judgment that stipulates
compensatory damages may be executed in the country concerned in accordance with
domestic procedure governing the execution of judgments against the state.
Article 69
The parties to the case shall be notified of the judgment of the Court and it
shall be transmitted to the States Parties to the Convention.
CHAPTER IX ‑ COMMON PROVISIONSArticle 70
1. The judges of the Court and the members
of the Commission shall enjoy, from the moment of their election and throughout
their term of office, the immunities extended to diplomatic agents in accordance
with international law. During the exercise of their official function
they shall, in addition, enjoy the diplomatic privileges necessary for the
performance of their duties.
2. At no time shall the judges of the Court
or the members of the Commission be held liable for any decisions or opinions
issued in the exercise of their functions.
Article 71
The position of judge of the Court or member of the Commission is incompatible
with any other activity that might affect the independence or impartiality of
such judge or member, as determined in the respective statutes.
Article 72
The judges of the Court and the members of the Commission shall receive
emoluments and travel allowances in the form and under the conditions set forth
in their statutes, with due regard for the importance and independence of their
office. Such emoluments and travel allowances shall be
determined in the budget of the Organization of American States, which shall
also include the expenses of the Court and its Secretariat. To this end,
the Court shall draw up its own budget and submit it for approval to the General
Assembly through the General Secretariat. The latter may not introduce any
changes in it.
Article 73
The General Assembly may, only at the request of the Commission or the Court, as
the case may be, determine sanctions to be applied against members of the
Commission or judges of the Court when there are justifiable grounds for such
action as set forth in the respective statutes. A vote of a
two‑thirds majority of the member states of the Organization shall be required
for a decision in the case of members of the Commission and, in the case of
judges of the Court, a two‑thirds majority vote of the States Parties to the
Convention shall also be required.
PART III ‑ GENERAL AND TRANSITORY PROVISIONS

1. This Convention shall be open for
signature and ratification by or adherence of any member state of the
Organization of American States.
2. Ratification of or adherence to this
Convention shall be made by the deposit of an instrument of ratification or
adherence with the General Secretariat of the Organization of American States.
As soon as eleven states have deposited their instruments of ratification or
adherence, the Convention shall enter into force. With respect to any
state that ratifies or adheres thereafter, the Convention shall enter into force
on the date of the deposit of its instrument of ratification or adherence.
3. The Secretary General shall inform all
member states of the Organization of the entry into force of the Convention.
Article 75
This Convention shall be subject to reservations only in conformity with the
provisions of the Vienna Convention on the Law of Treaties signed on May 23,
1969.
Article 76
1. Proposals to amend this Convention may be
submitted to the General Assembly for the action it deems appropriate by any
State Party directly, and by the Commission or the Court through the Secretary
General.
2. Amendments shall enter into force for the
States ratifying them on the date when two‑thirds of the States Parties to this
Convention have deposited their respective instruments of ratification.
With respect to the other States Parties, the amendments shall enter into force
on the dates on which they deposit their respective instruments of ratification.
Article 77
1. In accordance with Article 31, any State
Party and the Commission may submit proposed protocols to this Convention for
consideration by the States Parties at the General Assembly with a view to
gradually including other rights and freedoms within its system of protection.
2. Each protocol shall determine the manner
of its entry into force and shall be applied only among the States Parties to
it.
Article 78
1. The States Parties may denounce this
Convention at the expiration of a five‑year period from the date of its entry
into force and by means of notice given one year in advance. Notice of the
denunciation shall be addressed to the Secretary General of the Organization,
who shall inform the other States Parties.
2. Such a denunciation shall not have the
effect of releasing the State Party concerned from the obligations contained in
this Convention with respect to any act that may constitute a violation of those
obligations and that has been taken by that state prior to the effective date of
denunciation.
CHAPTER XI ‑ TRANSITORY PROVISIONS
Section 1. Inter‑American Commission on Human Rights
Article 79
Upon the entry into force of this Convention, the Secretary General shall, in
writing, request each member state of the Organization to present, within ninety
days, its candidates for membership on the Inter‑American Commission on Human
Rights. The Secretary General shall prepare a list in alphabetical order
of the candidates presented, and transmit it to the member states of the
Organization at least thirty days prior to the next session of the General
Assembly.
Article 80
The members of the Commission shall be elected by secret ballot of the General
Assembly from the list of candidates referred to in Article 79. The
candidates who obtain the largest number of votes and an absolute majority of
the votes of the representatives of the member states shall be declared elected.
Should it become necessary to have several ballots in order to elect all the
members of the Commission, the candidates who receive the smallest number of
votes shall be eliminated successively, in the manner determined by the General
Assembly.
Section 2. Inter‑American Court of Human Rights
Article 81
Upon the entry into force of this Convention, the Secretary General shall, in
writing, request each State Party to present, within ninety days, its candidates
for membership on the Inter‑American Court of Human Rights. The Secretary
General shall prepare a list in alphabetical order of the candidates presented
and transmit it to the States Parties at least thirty days prior to the next
session of the General Assembly.
Article 82
The judges of the Court shall be elected from the list of candidates referred to
in Article 81, by secret ballot of the States Parties to the Convention in the
General Assembly. The candidates who obtain the largest number of votes
and an absolute majority of the votes of the representatives of the States
Parties shall be declared elected. Should it become necessary to have
several ballots in order to elect all the judges of the Court, the candidates
who receive the smallest number of votes shall be eliminated successively, in
the manner determined by the States Parties.

(Signed at the Inter‑American Specialized Conference on Human Rights, San
José, Costa Rica, 22 November 1969)